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[liberationtech] Naive Question

R. Jason Cronk rjc at privacymaverick.com
Wed Sep 11 14:52:43 PDT 2013


Anything which potentially signaled your receipt of an NSL would be 
grounds for prosecution under the gag-order. This is what the prosecutor 
was alluding to when he signaled that Lavabit's shut down was tantamount 
to a violation because his shut down essentially communicated the fact 
that he was under a court order to do something which he couldn't talk 
about.

Making your service secure such that you can't be forced to do this sort 
of thing (or such that it would be obvious, say open in reviewing your 
open source code) would be the only way to go.

*R. Jason Cronk, Esq., CIPP/US*
/Privacy Engineering Consultant/, *Enterprivacy Consulting Group* 
<enterprivacy.com>

  * phone: (828) 4RJCESQ
  * twitter: @privacymaverick.com
  * blog: http://blog.privacymaverick.com

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